*2 

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<3  7?.  <T 
©4  3 


OFFICE  OF 

STATE  COMMISSIONER  OF  COMMON  SCHOOLS 


rp  jj  ,  •  ,  .  Columbus,  O.,  August  15,  1902. 

1  o  Boards  of  Education: 

Your  attention  is  called  to  the  changes  made  by  the  General  Assembly  in  the 
compulsory  education  law,  which  is  made  much  stronger  and  gives  boards  of 
education  and  truant  officers  increased  powers  for  its  enforcement.  The  law  is 
printed  in  full,  together  with  the  sections  relating  to  child  labor  and  forms  to 
be  followed  by  those  who  are  to  execute  the  same. 

Yours  truly, 


;  :m\ 


* 


Compulsory  Education  Law 


[House  Bill  No.  663.] 

AN  ACT 

To  amend  sections  4922-1  to  4022-14  inclusive  and  to  repeal  see-  **• 
tions  4025,  4027,  and  4029  of  the  Revised  Statutes  of  Ohio. 

> 

Be  it  enacted  by  the  General  Assembly  of  the  State  of -Ohio:  , 

Section  i.  That  sections  4022-1  to  4022-14  inclusive  Compulsory 

_  education: 

of  the  Revised  Statutes  of  Ohio  be  amended  so  as  to  read 
as  follows : 

-  Sec.  4022-1.  All  parents,  guardians  and  other  persons  i^what  ^ 
who  have  care  of  children,  shall  instruct  them,  or  cause  dren  must  be 

.  .  .  .  .  taught. 

them  to  be  instructed  in  reading,  spelling,  writing,  English 
grammar,  geography  and  arithmetic.  Every  parent,  guar-  ^ceesGa{ry 
dian  or  other  person  having  charge  of  any  child  between  attendance, 
the  ages  of  eight  and  fourteen  years  shall  send  such  child 
to  a  public,  private  or  parochial  school,  for  the  full  time 
that  the  school  attended  is  in  session,  which  shall  in  no 
case  be  for.  less  than  twenty-four  weeks,  and  said  attendance 
shall  begin  within  the  first  week  of  the  school  term,  unless  Excuse, 
the  child  is  excused  from  such  attendance  by  the  super¬ 
intendent  of  the  public,  schools,  in  city  or  other  districts  hav¬ 
ing  such  superintendent,  or  by  the  clerk  of  the  board  of 
education  in  village,  special  and  township  districts  not  hav¬ 
ing  such  superintendent,  or  by  the  principal  of  the  private 
or  parochial  school,  upon  satisfactory  showing,  either  that 
the  bodily  or  mental  condition  of  the  child  does  not  per¬ 
mit  of  its  attendance  at  school,  or  that  the  child  is  being 
instructed  at  home  by  a  person  qualified,  in  the  opinion  of 
the  superintendent  of  schools  in  city  or  other  districts  hav¬ 
ing  such  superintendent,  or  the  clerk  of  the  board  of  edu¬ 
cation  in  special,  village  and  township  districts  not  having 
such  superintendent,  to  teach  the  branches  named  in  this 
section.  In  case  such  superintendent,  principal  or  clerk  Appeal  in  case 
refuse  to  excuse  a  child  from  attendance  at  school,  an  appeal  excuse, 
may  be  taken  from  such  decision  to' the  probate  judge  of 
the  county,  upon  the  giving  of  a  bond,  within  ten  days 
after  such  refusal,  to  the  approval  of  said  judge,  to  pay 
all  the  costs  of  the  appeal,  and  the  decision  of  the  probate 
judge  in  the  matter  shall  be  final.  All  children  between 


6 


COMPULSORY  EDUCATION  LAW. 


Penalty  for 
failure  to  place 
child  in  school 
as  herein 
provided. 


Employment 
of  children 
under  age  of 
fourteen  years; 
when  unlaw¬ 
ful;  penalty. 


Attendance  of 
minors  in 
certain  cases. 


the  ages  of  fourteen  and  sixteen  years,  not  engaged  in  some 
regular  employment,  shall  attend  school  for  the  full  term 
the  schools  of  the  district  in  which  they  reside  ape  in  ses¬ 
sion  during  the  school  year,  unless  excused  for  [the]  reasons 
above  named.  Any  parent,  guardian,  or  other  person,  hav¬ 
ing  care  of  a  child  between  the  ages  of  eight  and  fourteen 
years,  who  shall,  in  violation  of  the  provisions  of  this  sec¬ 
tion,  fail  to  place  such  child  in  school  at  the  commence¬ 
ment  of  the -annual  school  term  within  the  time  prescribed 
in  this  section,  shall  upon  conviction,  be  fined  not  less  than 
"five  dollars  nor  more  than  twenty  dollars.  And  upon  the 
;/atltCre  or  refusal  of  any  such  parent,  guardian,  or  other 
’’p'ei's'on  to  pay  said  fine,  then  said  parent,  guardian,  or  other 
person  shall  be  imprisoned  in  the  county  jail  not  less  than 
'’ten  days  nor  more  than  thirty  days. 

Sec.  4022-2.  No  child  under  fourteen  years  of  age 
shall  be  employed  or  be  in  the  employment  of  any  per¬ 
son,  company  or  corporation,  during  the  school  term  and 
while  the  public  schools  are  in  session,  unless  such  child 
#  shall  present  to  such  person,  company  or  corporation  an 
age  and  schooling  certificate  herein  provided  for.  An  age 
and  schooling  certificate  .shall  be^  approved  only  by  the 
superintendent  of  schools,  or  by  a  person  authorized  by 
him,  in  city  or  other  districts  having  such  superintendent, 
or  by  the  clerk  of  the  board  of  education  in  village,  special 
and  township  districts  not  having  such  superintendent  upon 
a  satisfactory  proof  of  the. age  of  such  minor  and  that  he 
has  successfully  completed  the  studies  enumerated  in  sec¬ 
tion  4022-1  of  the  Revised  Statutes  of  Ohio;  or  if  between 
the  ages  of  fourteen  and  sixteen  years,  a  knowledge  of  his 
or  her  ability  to  read  and  write  legibly  the  English  language. 
The  age  and  schooling  certificate  shall  be  formulated  by 
the  state  commissioner  o-f  common  schools  and  the  same 
furnished,  in  blank,  by  the  clerk  of  the  board  of  education. 
Every  person,  company  or  corporation  employing  any  child 
under  sixteen  years  of  age,  shall  exact  the  age  and  school¬ 
ing  certificate  prescribed  in  this  section,  as  a  condition  of 
employment  and  shall  keep  the  same  on  file,  and  shall  upon 
request  of  the  truant  officer  hereinafter  provided  for,  per¬ 
mit  him  to  examine  such  age  and  schooling  certificate.  Any 
person,  company  or  corporation,  employing  any  minor  con¬ 
trary  to  the  provisions  of  this  section  shall  be  fined  not  less 
than  twenty-five  nor  more  than  fifty  dollars. 

Sec.  4022-3.  All  minors  over  the  age  of  fourteen  and 
under  the  age  of  sixteen  years,  who  cannot  read  and  write 


COMPULSORY  EDUCATION  LAW. 


the  English  language  shall  be  required  to  attend  school  as 
provided  in  section  4022-1  of  the  Revised  Statutes  of  Ohio 
and  all  the  provisions  of  said  section  shall  apply  to  said 
minors ;  provided,  that  such  attendance  shall  not  be  re¬ 
quired  of  such  minors  after  they  have  secured  a  certificate 
from  the  superintendent  of  schools,  in  districts  having  su¬ 
perintendents  or  the  clerk  of  the  board  of  education  in  dis¬ 
tricts  not  having  superintendents,  that  they  can  read  and 
write  the  English  language.  No  person,  company  or  cor¬ 
poration  shall  employ  any  such  minor  during  the  time  schools 
are  in  session,  or  having  such  minor  in  their  employ  shall 
immediately  cease  such  employment,  upon  notice  from  the 
truant  officer  who  is  hereinafter  provided  for.  Every  per¬ 
son,  company  or  corporation  violating  the  provisions  of 
this  section  shall  be  fined  not  less  than  twenty-five  nor  more 
than  fifty  dollars. 

Sec.  4022-4.  Every  child  between  the  ages  of  eight 
and  fourteen  years,  and  every  child  between  the  ages  of 
fourteen  and  sixteen  years  unable  to  read  and  write  the 
English  language,  or  not  engaged  in  some  regular  em¬ 
ployment,  who  is  an  habitual  truant  from  school,  or  who 
absents  itself  habitually  from  school,  or  who,  while  in  at¬ 
tendance  at  any  public,  private  or  parochial  school,  is 
incorrigible,  vicious  or  immoral  in  conduct,  or  who  habit¬ 
ually  wanders  about  the  streets  and  public  places  during 
school  hours  having  no  business  or  lawful  occupation,  shall 
be  deemed  a  juvenile  disorderly  person,  and  be  subject  to 
the  provisions  of  this  act. 

Sec.  4022-5.  To  aid  in  the  enforcement  of  this  act, 
truant  officers  shall  be  appointed  and  employed  as  follows : 
In  city  districts  the  board  of  education  shall  appoint  and 
employ  one  or  more  truant  officers ;  in  special,  village  and 
township  districts  the  board  of  education  shall  appoint  a 
constable  or  other  person  as  truant  officer.  The  compen¬ 
sation  of  the  truant  officer  shall  be  fixed  and  paid  by  the 
board  appointing  him.  The  truant  officer  shall  be  vested 
with  police  powers,  the  authority  to  serve  warrants,  and 
shall  have  authority  to  enter  workshops,  factories,  stores 
and  all  other  places  where  children  may  be  employed,  and 
do-  whatever  may  be  necessary,  in  the  way  of  investigation 
or  otherwise,  to  enforce  this  act;  he  is  also  authorized  to 
take  into  custody  the  person  of  any  youth  between  eight 
and  fourteen  years  of  age,  or  between  fourteen  and  sixteen 
years  O'f  age  when  not  regularly  employed  or  when  unable 
to  read  and  write  the  English  language,  who  is  not  at- 


Employment 
of  such  min¬ 
ors;  penalty. 


Juvenile 

disorderly 

persons. 


Truant  offi¬ 
cers;  powers 
and  duties. 


COMPULSORY  EDUCATION  LAW. 


Report  of 
principal  and 
teachers. 


Proceedings 
in  case  of 
truancy; 
penalties. 


tending  school,  and  shall  conduct  said  youth  to  the  school 
he  has  been  attending,  or  which  he  should  rightfully  at¬ 
tend.  The  truant  officer  shall  institute  proceedings  against 
any  officer,  parent,  guardian,  person  or  corporation  violating 
any  provisions  of  this  act,  and  shall  otherwise  discharge  the 
duties  described  in  this  act,  and  perform  such  other  ser¬ 
vices  as  the  superintendent  of  schools  or  the  board  of  edu¬ 
cation  may  deem  necessary  to  preserve  the  morals  and 
secure  the  good  conduct  of  school  children,  and  to  enforce 
this  act.  The  truant  officer  shall  keep  a  record  of  his  trans¬ 
actions  for  the  inspection  and  information  of  the  super¬ 
intendent  of  the  schools  and  the  board  of  education ;  and 
he  shall  make  daily  reports  to  the  superintendent  of  schools 
during  the  school  term  in  districts  having  superintendents, 
and  to  the  clerk  of  the  board  of  education  in  districts  not 
having  superintendents,  as  often  as  required  by  him.  Suit¬ 
able  blanks  for  the  use  of  the  truant  officer  shall  be  provided 
by  the  clerk  of  the  board  of  education. 

Sec.  4022-6.  It  shall  be  the  duty  of  all  principals 
and  teachers  of  all  schools,  public,  private  and  paro¬ 
chial,  to  report  to  the  clerk  of  the  board  of  education  of 
the  city,  special,  village  or  township  district  in  which  the 
schools  are  situated,  the  names,  ages  and  residences  of  all 
pupils  in  attendance  at  their  schools,  together  with  such 
o-ther  facts  as  said  clerk  may  require,  in  order  to  facilitate 
the  carrying  out  of  the  provisions  of  this  act,  and  the  clerk 
shall  furnish  blanks  for  such  purpose,  and  such  report 
shall  be  made  during  the  last  week  of  each  month  from 
September  to  June  inclusive  of  each  year.  It  shall  be  the 
further  duty  of  such  principals  and  teachers  to  report  to  the 
truant  officer,  the  superintendent  of  public  schools,  or  the 
clerk  of  the  board  of  education,  all  cases  of  truancy  or 
incorrigibility  in  their  respective  schools  as  soon  after  these 
offenses  have  been  committed  as  practicable. 

Sec.  4022-7.  On  the  request  of  the  superintendent  of 
schools  or  the  board  of  education,  or  when  it  otherwise 
comes  to  his  notice,  the  truant  officer  shall  examine  into 
any  case  of  truancy  within  his  district,  and  warn  the  truant 
and  his  parents,  guardian  or  other  person  in  charge,  in 
writing,  of  the  final  consequences  of  truancy  if  persisted 
in.  When  any  child  between  the  ages  of  eig'ht  and  fourteen 
years,  or  any  child  between  the  ages  of  fourteen  and  six¬ 
teen  years  who  cannot  read  and  write  the  English  language 
or  who  is  not  regularly  employed,  is  not  attending  school, 
in  violation  of  the  provisions  of  this  act,  the  truant  officer 


COMPULSORY  EDUCATION  LAW. 


shall  notify  the  parent,  guardian  or  other  person  in  charge 
of  such  child,  of  the  fact,  and  require  such  parent,  guar¬ 
dian  or  other  person  in  charge,  to  cause  the  child  to  attend 
some  recognized  school  within  two  days  from  the  date  of 
the  notice;  and  it  shall  be  the  duty  of  the  parent,  guar¬ 
dian  or  other  person  in  charge  of  the  child,  so  to  cause 
its  attendance  at  some  recognized  school.  Upon  failure  to 
do  so,  the  truant  officer  shall  make  complaint  against  the 
parent,  guardian  or  other  person  in  charge  of  the  child, 
in  any  court  of  competent  jurisdiction  in  the  city,  special, 
village  or  township  district  in  which  the  offense  occurs, 
for  such  failure,  and  upon  conviction,  the  parent,  guardian 
or  other  person  in  charge,  shall  be  fined  not  less  than  five 
dollars  nor  more  than  twenty  dollars,  or  the  court  may  in 
its  discretion,  require  the  person  so  convicted  to  give  a 
bond  in  the  penal  sum  of  one  hundred  dollars,  with  sureties 
to  „the  approval  of  the.  court,  conditioned  that  he  or  she 
will  cause  the  child  under  his  or  her  charge  to  attend 
some  recognized  school  within  two  days,  thereafter  and  to 
remain  at  such  school  during  the  term  prescribed  by  law; 
and  upon  the  failure  or  refusal  of  any  such  parent,  guar¬ 
dian  or  other  person  to  pay  said  fine  and  costs  or  furnish 
said  bond  according  to  the  order  of  the  court,  then  said 
parent,  guardian  or  other  person  shall  be  imprisoned  in 
the  county  jail  not  less  than  ten  days  nor  more  than  thirty 
days. 

Sec.  4022-8.  If  the  parent,  guardian  or  other  person 
in  charge  of  any  child  shall,  upon  the  complaint  under  the 
last  section  for  a  failure  to  cause  the  child  to  attend  a 
recognized  school,  prove  inability  to  do  so,  then  he*  or  she 
shall  be  discharged,  and  thereupon  the  truant  officer  shall 
make  complaint  that  the  child  is  a  juvenile  disorderly  per¬ 
son  within  the  meaning  of  section  4022-4  of  the  Revised 
Statutes  of  Ohio.  If  such  complaint  be  made  before  any 
mayor,  justice  of  the  peace,  or  police  judge,  it  shall  be  certi¬ 
fied  by  such  magistrate  to  the  probate  judge.  The  probate 
judge  shall  hear  such  complaint,  and  if  he  determine  that 
the  child  is  a  juvenile  disorderly  person  within  the  meaning 
of  section  4022-4  of  the  Revised  Statutes  of  Ohio,  he  shall 


Sec.  7.  Under  this  section  trial  by  jury  is  not  authorized.  The 
courts  have  discriminated  between  imprisonment  as  a  direct  penalty 
for  an  offense  and  imprisonment  used  as  a  means  of  enforcing  the 
payment  of  a  fine.  ( [Inwood  vs.  State,  42  O.  S.  186.)  Section  12 
of  this  law  makes  imprisonment  a  direct  penalty  for  the  offense , 
and  hence  provides  for  a  trial  by  jury. 


10 


COMPULSORY  EDUCATION  LAW. 


Relief  to  en¬ 
able  child  to 
attend  school 
required  time. 


commit  the  child  if  under  ten  years  of  age,  and  eligible  for 
admission  thereto,  to  a  children’s  home,  or  if  not  eligible, 
then  to  a  house  of  refuge  if  there  be  one  in  the  county  or  to 
the  boys’  industrial  school  or  the  girls’  industrial  home,  or 
to  some  other  juvenile  reformatory.  No  child  over  ten 
years  of  age  shall  be  committed  to  a  county  children’s  home, 
and  any  child  committed  to  a  children’s  home,  may  on 
request  of  the  trustees  of  such  home  and  it  being  shown 
that  it  is  vicious  and  incorrigible,  be  transferred  by  the  pro¬ 
bate  judge  to  the  boys’  industrial  school  or  the  girls’  indus¬ 
trial  home.  A  child  committed  to  any  juvenile  reformatory 
under  this  section,  shall  not  be  detained  there  beyond  the 
age  of  sixteen  years  and  may  be  discharged  sooner  by  the 
trustees  under  the  restrictions  applicable  to  other  inmates. 
Any  order  of  commitment  to  a  juvenile  reformatory  may 
be  suspended,  in  the  discretion  of  the  probate  judge,  for 
such  time  as  the  child  may  regularly  attend  school  and 
properly  conduct  itself.  The  expense  incurred  in  the  trans¬ 
portation  of  a  child  to  a  juvenile  reformatory  and  the  costs 
in  the  case  in  which  the  order  of  commitment  is  made,  or 
the  child  discharged,  or  in  which  judgment  is  suspended, 
shall  be  paid  by  the  county  where  the  offense  was  com¬ 
mitted,  after  the  manner  provided  in  section  759  of  the 
Revised  Statutes  of  Ohio.  Provided,  further,  that  if  for 
any  cause  the  parent,  guardian  or  other  person  in  charge  of 
any  juvenile  disorderly  person  as  defined  in  section  4022-4 
of  the  Revised  Statutes  of  Ohio  shall  fail  to  cause  such 
juvenile  disorderly  person  to  attend  school,  then  complaint 
against  such  juvenile  disorderly  person  shall  be  made,  heard 
and  determined  in  like  manner  as  provided  in  case  the 
parent  proves  inability  to  cause  such  juvenile  disorderly  per¬ 
son  to  attend  school. 

Sec.  4022-9.  When  any  truant  officer  is  satisfied  that 
any  child,  compelled  to  attend  school  by  the  provisions  of 
this  act,  is  unable  to  attend  school  because  absolutely  re¬ 
quired  to  work,  at  home  or  elsewhere,  in  order  to  support 
itself  or  help  support  or  care  for  others  legally  entitled  to 
its  services,  who  are  unable  to  support  or  care  for  them¬ 
selves,  the  truant  officer  shall  report  the  case  to  the  author¬ 
ities  charged  with  the  relief  of  the  poor,  and  it  shall  be  the 
duty  of  said  officers  to  afford  such  relief  as  will  enable 
the  child  to  attend  school  the  time  each  year  required  under 
this  act.  Such  child  shall  not  be  considered  or  declared  a 
pauper  by  reason  of  the  acceptance  of  the  relief  herein 
provided  for.  In  case  the  child,  or  its  parents  or  guardian, 


COMPULSORY  EDUCATION  LAW. 


11 


refuse  or  neglect  to  take  advantage  of  the  provisions  thus 
made  for  its  instruction,  such  child  may  be  committed  to  a 
children’s  home  or  a  juvenile  reformatory,  as  provided  for 
si  in  section  4022-8  of  the  Revised  Statutes  of  Ohio.  In  all 

cases  where  relief  is  necessary  it  shall  be  the  duty  of  the 
board  of  education  to  furnish  text  books  free  of  charge 
j>  and  said  board  may  furnish  any  further  relief  it  may  deem 

necessary,  the  expenses  incident  to  furnishing  said  books 
and  relief  to  be  paid  from  the  contingent  funds  of  the  school 
district. 

Sec.  4022-10.  The  provisions  of  this  act  shall  apply 
to  children  entitled  under  existing  statutes,  to  attend  school 
at  the  institution  for  the  deaf  and  dumb  or  the  institution 
for  the  blind,  so  far  as  the  same  are  properly  enforcible. 
Truant  officers  shall,  within  sixty  days  after  the  passage  of 
this  act,  and  annually  between  the  first  day  of  July  and  the 
first  day  of  August,  report  to  the  probate  judge  of  their 
respective  counties  the  names,  ages,  and  residence  of  all 
such  children  between  the  ages  of  eight  and  eighteen  years, 
with  the  names  and  postoffice  address  of  their  parents, 
guardians  or  the  persons  in  charge  of  them ;  also  a  statement 
whether  the  parents,  guardians  or  person  in  charge  of  each 
child  is  able  to  educate  and  is  educating  the  child,  or  whether 
the  interests  of  the  child  will  be  promoted  by  sending  it 
to  one  qf  the  state  institutions  mentioned.  Upon  informa¬ 
tion  thus  or  otherwise  obtained,  the  probate  judge  may  fix 
a  time  when  he  will  hear  the  question  whether  any  such 
child  shall  be  required  to  be  sent  for  instruction  to  one  of 
the  state  institutions  mentioned,  and  he  shall-  thereupon 
issue  a  warrant  to  the  proper  truant  officer  or  some  other 
suitable  person,  to  bring  the  child  before  such  judge  at  his 
office  at  the  time  fixed  for  the  hearing ;  and  shall  also  issue 
an  order  on  the  parents,  guardian  or  person  in  charge 
of  the  child  to  appear  before  him  at  such  hearing,  a 
i  copy  of  which  order,  in  writing,  shall  be  served  personally 

on  the  proper  person  by  the  truant  officer  or  other  person 
ordered  to  bring  the  child  before  the  judge.  If,  on  the 
9  hearing,  the  probate  judge  is  satisfied  that  the  child  is  not 

being  properly  educated  at  home,  and  will  be  benefited  by 
attendance  at  one  of  the  state  institutions  mentioned,  and 
is  a  suitable  person  to  receive  instruction  therein,  he  may 
send  or  commit  such  child  to  such  institution.  The  cost  of 
such  hearing,  and  the  transportation  of  the  child  to  such 
institution  shall  be  paid  by  the  county  after  the  manner 
provided,  where  a  child  is  committed  to  a  state  reformatory 


As  to  insti¬ 
tution  for  deaf* 
and  dumb  or 
institution  for 
the  blind. 


12 


COMPULSORY  EDUCATION  LAW. 


Penalties. 


Jurisdiction. 


Violations  by 
corporations. 


Disposition  of 
fines  collected. 


Employment 
of  attorney; 
compensation. 


Repeated 

violations. 


under  section  4022-8  of  the  Revised  Statutes  of  Ohio ;  pro¬ 
vided  nothing  in  this  section  contained  shall  be  construed 
to  require  the  trustees  of  either  of  the  state  institutions  men¬ 
tioned,  to  receive  any  child  not  a  suitable  subject  to  be 
received  and  instructed  therein,  under  the  laws,  rules  and 
regulations  governing  such  institutions. 

Sec.  4022-11.  Any  officer,  principal,  teacher  or  other 
person  mentioned  in  this  act,  neglecting  to  perform  any 
duty  imposed  upon  him  by  this  act,  shall  be  fined  not  less 
than  twenty-five  dollars  nor  more  than  fifty  dollars  for  each 
offense.  Any  officer  or  agent  of  any  corporation  violating 
any  provisions  of  this  act,  who  participates  or  acquiesces  in 
or  is  cognizant  of  such  violation,  shall  be  fined  not  less  than 
twenty-five  dollars  nor  more  than  fifty  dollars.  Any  person 
who  violates  any  provision  of  this  act  for  which  a  penalty  is 
not  elsewhere  in  this  act  provided,  shall  be  fined  not  more 
than  fifty  dollars.  Mayors,  justices  of  the  peace,  police 
judges,  and  probate  judges  shall  have  jurisdiction  to  try  the 
offenses  described  in  this  act,  and  their  judgment  shall  be 
final.  When  complaint  is  made,  information  filed,  or  indict¬ 
ment  found  against  any  corporation  for  violating  this  act, 
summons  shall  be  served,  appearance  made,  or  plea  entered, 
as  provided  in  section  7231,  Revised  Statutes  of  Ohio,  except 
that  in  complaints  before  magistrates,  service  shall  be  made 
by  the  constable.  In  all  other  cases  process  shall  be  served, 
and  proceedings  had,  as  in  cases  of  misdemeanor.  In  every 
case  of  complaint  against  a  child  involving  commitment  to 
any  children’s  home  or  juvenile  reformatory,  the  board  of 
county  visitors  shall  be  notified  and  must  attend  and  pro¬ 
tect  the  interest  of  the  child  on  the  hearing,  as  provided  in 
section  633-18  of  the  Revised  Statutes  of  Ohio;  and  the 
order  of  commitment  of  the  child  to  a  state  reformatory 
must  show  that  the  county  visitors  were  so  notified  and 
attended  the  hearing.  All  fines  collected  under  the  pro¬ 
visions  of  this  act  shall  be  paid  into  the  funds  of  the  school 
district  in  which  the  offense  was  committed.  Boards  of 
education  are  authorized  to  employ  legal  counsel  to  prose¬ 
cute  any  case  arising  under  the  provisions  of  this  act 
when  it  shall  deem  the  same  necessary,  and  the  services 
of  such  counsel  shall  be  paid  for  from  the  contingent  fund 
of  the  district. 

Sec.  4022-12.  Every  person  who,  after  being  once  con¬ 
victed  for  violating  any  of  the  provisions  of  this  act,  shall 
be  convicted  of  again  violating  any  of  the  provisions  of 
this  act,  may,  in  addition  to  the  punishment  by  way  of  a 


COMPULSORY  EDUCATION  LAW. 


ia 


fine  elsewhere  provided  for,  be  imprisoned  not  less  than 
ten  days  nor  more  than  thirty  days.  On  complaint,  before^ 
a  mayor,  justice  of  the  peace,  or  police  judge  of  a  second' 
violation  of  this  act  involving  punishment  by  imprisonment, 
if  a  trial  by  jury  be  not  waived,  a  jury  shall  be  chosen  and 
the  case  tried,  after  the  manner  provided  in  section  3718a, 
of  the  Revised  Statutes  of  Ohio. 

Sec.  4022-13.  It  is  hereby  made  the  duty  of  every 
board  of  education  in  this  state  to  provide  sufficient  accom¬ 
modations  in  the  public  schools  for  all  children  in  their 
district  compelled  to  attend  the  public  schools  under  the 
provisions  of  this  act.  Authority  to  levy  the  tax  and  raise 
the  money  necessary  for  such  purpose,  is  hereby  given  the 
proper  officers  charged  with  such  duty  under  the  law. 

Sec.  4022-14.  No  person  or  officer  instituting  pro¬ 
ceedings  under  this  act  shall  be  required  to  advance,  or 
give  security  for  costs ;  and  if  a  defendant  is  Acquitted  or 
discharged,  or  if  convicted  and  committed  to  jail  in  default 
of  payment  of  fine  and  costs,  the  justice,  mayor,  police  judge 
or  probate  judge,  before  whom  such  case  was  brought  shall 
certify  such  costs  to  the  county  auditor,  who  shall  examine 
and,  if  necessary,  correct  the  account,  and  issue  his  war¬ 
rant  to  the  county  treasurer  in  favor  of  the  respective  per¬ 
sons  to  whom  such  costs  are  due  for  the  amount  due  to  each. 

Section  2.  That  said  original  sections  4022-1,  4022-2, 
4022-3,  4022-4,  4022-5,  4022-6,  4022-7,  4022-8,  4022-9, 
4022-10,  4022-11,  4022-12,  4022-13,  4022-14,  4025,  4027 
and  4029  of  the  Revised  Statutes  of  Ohio,  be  and  the  same 
are  hereby  repealed,  and  this  act  shall  take  effect  and  be 
in  force  from  and  after  its  passage. 

W.  S.  McKinnon, 

Speaker  of  the  House  of  Representatives. 

F.  B.  Archer, 

President  of  the  Senate. 

Passed  May  12,  1902.  427G 


Sufficient 
school  accom¬ 
modations  to 
be  provided. 


Costs  in 
prosecutions 
under  this  act. 


Repeals,  etc. 


COMPULSORY  EDUCATION  LAW. 


14 


Employment  of  Minors* 


[House  Bill  No.  406.] 

AN  ACT 


To  amend  sections  4864-66,  6986-7,  and  6986-8  of  the  Revised 
Statutes  of  Ohio. 

Be  it  enacted  by  the  General  Assembly  of  the  State  of  Ohio: 
Offenses  Section  i.  That  sections  4364-66,  6986-7,  and  6g86-8 

against  public  .  *ro  t  >  *  / »  y 

policy:  of  the  Revised  Statutes  of  Ohio  be  amended  so  as  to  read 

as  follows: 


Provisions 
governing 
employment 
of  minors. 


Unlawful 
employment 
of  minors. 


Night  em¬ 
ployment. 


(Sec.  4364-66).  That  no  person,  company  or  corpora¬ 
tion,  as  aforesaid,  shall  give  employment  to  any  minor, 
without  agreeing  with  said  minor  what  wages  or  compen¬ 
sation  he  or  she  shall  be  entitled  to  receive  per  day,  week, 
month  or  year  or  per  piece  for  work  performed ;  and  writ¬ 
ten  evidence  of  such  agreement  shall  be  furnished  to  such 
minor,  and  on  or  before  each  pay  day  a  statement  of  earn¬ 
ings  due,  and  the  amount  thereof  to  be  paid  to  him  or  her 
on  such  pay  day  shall  be  given  to  such  minor,  and  no  sub¬ 
sequent  change  shall  be  made  in  the  wages  or  compen¬ 
sation  of  such  minor  without  notice  of  the  same  being  given 
to  him  or  her  at  least  twenty-four  hours  previous  to  its 
going  into  effect,  and  when  such  change  is  effected  writ¬ 
ten  agreement  shall  be  given  as  in  the  first  instance  to  said 
minor  employe. 

Sec.  6986-7.  No  child  under  the  age  of  fourteen  years 
shall  be  employed  in  any  factory,  workshop,  mercantile  or 
other  establishment,  directly  or  indirectly  at  any  time;  and 
no  such  child  under  said  age  shall  be  employed  in  any 
other  manner,  whether  it  be  for  compensation  or  other¬ 
wise,  when  the  public  schools  in  which  district  such  child 
resides  are  in  session.  It  shall  be  the  duty  of  every  person 
employing  minors  under  the  age  of  eighteen  years  to  keep 
a  register  in  which  shall  be  recorded  the  name,  birthplace, 
age  and  place  of  residence  of  every  minor  employed  by 
him  under  the  age  of  eighteen  years. 

(Sec.  6986-8).  No  boy  under  sixteen  years  of  age 
and  no  girl  under  eighteen  years  of  age,  shall  be  employed 
at  any  work  at  night  time  later  than  seven  o’clock  in  the 
evening  nor  earlier  than  six  o’clock-  in  the  morning,  and 


COMPULSORY  EDUCATION  LAW. 


15 


no  minor  under  eighteen  years  of  age  shall  be  employed 
in  any  of  the  places  named  in  section  6986-7  of  the  Re¬ 
vised  Statutes  of  Ohio  for  a  longer  period  than  ten  hours 
in  one  day,  nor  more  than  fifty-five  hours  in  one  week; 
and  every  such  minor  under  eighteen  years  of  age  shall  be 
entitled  to  no  less  than  thirty  minutes  for  meal  time  at 
noon,  but  such  meal  time  shall  not  be  included  as  part  of 
the  work  hours  of  the  day;  and  every  employer  shall  post 
in  a  conspicuous  place  in  every  room  where  such  minors 
are  employed  a  printed  notice  stating  the  maximum  num¬ 
ber  of  work  hours  required  in  one  week,  and  in  each  day 
of  the  week  from  such  minors,  such  printed  notice  to  be 
furnished  by  the  chief  inspector  of  workshops  and  factories, 
and  approved  by  the  attorney  general. 

Section  2.  That  said  original  sections  4364-66,  6986-7 
and  6986-8  of  the  Revised  Statutes  of  Ohio  be  and  the  same 
are  hereby  repealed,  and  this  act  shall  take  effect  and  be 
in  force  from  and  after  its  passage. 

W.  S.  McKinnon, 

Speaker  of  the  House  of  Representatives. 

F.  B.  Archer, 

President  of  the  Senate. 
414G 


Number  of 
hours  of  em¬ 
ployment; 
noon  meal. 


Notice  sposted 
by  employers. 


Repeals,  etc. 


Passed  May  12,  1902. 


16 


COMPULSORY  EDUCATION  LAW. 


FORMS. 


NOTICE  TO  PARENT  OR  GUARDIAN. 


State  of  Ohio,  .  County,  ss.: 

To  . 

You  are  hereby  notified  that . ,  a  child  between  the  ages  of . . 

and  .  years,  under  your  charge,  is  not  attending  school,  that  such  non- 

attendance  is  in  direct  violation  of  the  law  and  without  legal  excuse. 

You  are  hereby  required  t'o  cause  said  child  to  attend  some  recognized  school 
within  two  days  from  the  date  of  this  notice,  and  you  are  warned  that  if  the 
truancy  of  said  child  is  persisted  in  the  final  consequence  will  be  as  provided! 
by  law,  as  indorsed  hereon. 

Witness  my  hand  this  .  day  of . ;....,  19... 


.  school  district,  . 

Print  sections  4022-7  and  6986-7, 


Truant  Officer. 

county,  Ohio. 

R.  S.;  on  reverse  side  of  form. 


NOTICE  TO  TRUANT. 

State  of  Ohio,  .  County,  ss. : 

To  . ,  a  child  between  the  ages  of . and . years. 

You  are  hereby  notified  that  you  -are  and  will  be  required  to  attend  some- 
recognized  school  within  two  days  from  the  date  of  this  notice,  and  you  are- 
hereby  warned  that  if  this  notice  is  not  complied  with  the  final  consequences  will, 
be  as  provided  by  law  as  indorsed  hereon. 

Witness  my  hand  this  .  day  of . ,  19... 


.  school  district,  .  county,  Ohio. 

Print  section  4022-8  in  full  on  reverse  side  of  form. 


Truant  Officer . 


Notice  to  employers  of  youth. 

To .  [Here  insert  name  of  person,  company  or  corporation]  : 

Your  attention  is  respectfully  called  to  sections  4022-2,  4022-3,  4022-5  and 
4022-11,  6986-7,  R.  S. ,  to  compel  the  elementary  education  of  children. 

In  compliance  with  the  provisions  of  this  act,  you  are  requested  to  return  to 
me  on  this  blank  the  names,  ages,  and  add  residences  of  all  minors  under  fourteen 
years  of  age  employed  by  you,  also  all  minors  between  fourteen  and  sixteen  years 
of  age,  and  to  state  whether  you  have  a  certificate  from  the  superintendent  of 
schools,  or  clerk  of  the  board  of  education  that  authorizes  you  to  employ  such 
minors. 


Clerk  of 


Board  of  Education .. 


COMPULSORY  EDUCATION  LAW. 


17 


Names  of  Minors. 

1 

Age.  j  Residence. 

Certificate — Yes  or  No. 

. | . 

1 

. | . 

1 

. | . 

1 

. | . . 

1 

. | . 

1 

. | . 

1 

In  cities  this  notice  may  be  signed  by  the  superintendent  of  schools. 

This  certificate  must  be  kept  on  file  until  the  youth  reaches  the  age  of 
sixteen  years  and  must  be  accessible  to  the  Truant  Officer  and  the  Inspector  of 
Factories  at  all  times. 


AGE  AND  SCHOOLING  CERTIFICATE. 

(For  minors  under  sixteen  years  of  age.  Employed  at  labor.) 

Law  of  1902. 

This  certifies  that  I  am  the  .  of  .  and 

(Parent  or  guardian)  (Name  of  child) 

that . was  born  at . in  the  county  of  . . ,  State  of . 

on  the . day  of . ,  18.  .,  and  is  now . years . months  old. 


(Name  of  parent  or  guardian) 

The  said  .  having  satisfactorily  verified  the  fore- 

(Name  of  parent  or  guardian) 

going  statement  I  hereby  approve  the  above  certificate  of  . ; 

(Name  of  child) 

height  ....  feet  ....  inches;  complexion  . ;  hair  . ;  having  no  sufficient 

reason  to  doubt  that  ....  is  of  the  age  therein  certified. 

I  hereby  certify  that  .  can  read  at  sight  and  write  legibly 

(Name  of  child) 

simple  sentences  in  the  English  language. 

This  certificate  belongs  to  . and  is  to  be  surrendered  to  .... 

(Name  of  child) 

whenever  ....  leaves  the  services  of  the  person,  company  or  corporation  holding 
the  same;  but  if  not  claimed  by  said  child  within  thirty  days  from  such  time, 
it  shall  be  returned  to  the  Superintendent  of  Schools. 

Signature  . 


,  190— 


Supt.  of  Schools. 


COMPULSORY  EDUCATION  LAW 


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COMPULSORY  EDUCATION  LAW. 


19* 


TEACHER’S  REPORT. 

(Section  4022-6.) 

- ,  Ohio,  - ,  19—. 

To  the  Clerk  of  the  Board  of  Education  of - ,  -  County,  Ohio. 

The  following  is  a  correct  list  of  the  scholars  attending  my  school  during: 
the  month  ending - ,  190 — . 

- ,  Teacher. 


Names  of  scholars. 

Age. 

Residence. 

\ 


